Supreme Conclave Knights of Damon v. Wood
Supreme Court of Georgia
Action on insurance policy. Before Judge Hodges. City court of Macon. November 24, 1903. The action was on a “benefit certificate” insuring the life of Arthur L. Wood. The defense was that he had warranted as true certain statements made by him, as the basis of the contract of insurance, which were untrue.
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Action on insurance policy. Before Judge Hodges. City court of Macon. November 24, 1903. The action was on a “benefit certificate” insuring the life of Arthur L. Wood. The defense was that he had warranted as true certain statements made by him, as the basis of the contract of insurance, which were untrue. The material parts of his application for insurance are as follows: “ I, A. L. Wood, having become acquainted with the objects‘of your Order, do hereby petition for a 2 Degree Class B membership in your Conclave, and do declare, upon my honor, that the statements made by me, subscribed…
1Opinion of the CourtSimmons, C.J.
The courts of the United States and of several of the States have for several years been trying to get away from the earlier decisions in regard to warranties in insurance policies. All of the earlier decisions, so far as we are aware, hold the insured bound by the strict law of warranty, whether the statement warranted be material or not, holding that the parties had the right to agree that a representation was material, though in fact it was not. Latterly some of the courts have strained to construe the statements of the insured as representations wherever they were not unequivocally made…
2Cases cited7 opinions
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- Phoenix Life Ins. Co. v. RaddinSupreme Court of the United States · 1887
- Bone v. StateSupreme Court of Georgia · 1897
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Morris v. Imperial Insurance Co. Ltd. of LondonSupreme Court of Georgia · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Preston v. National Life & Accident InsuranceSupreme Court of Georgia · 1943
- Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- Empire Life Insurance v. JonesCourt of Appeals of Georgia · 1914
- Jefferson Standard Life Insurance v. HendersonCourt of Appeals of Georgia · 1928
34 more not listed; retrieve them via the Exa API.